CHARLESTON -- A St Albans couple is suing Topcat Direct after they claim they were conned out of more than $25,000 by an employee.

Zachary Dye and Timothy R. Parker were also named as defendants in the suit.

On Feb. 13, 2009, Michael A. and Beverly A. Kinsolving made an initial down payment of $500 with Topcat Direct, which is doing business as Direct Buy of Charleston-Huntington, according to a complaint filed March 17 in Kanawha Circuit Court.

The couple claims Parker met them at the store and introduced them to Dye, who then showed them various items for their kitchen update and made arrangements to come to their home to take measurements.

Between July 14, 2009, and March 29, 2010, the Kinsolvings wrote numerous checks to Dye, upon representation that he would accept a person check and see that it was deposited with Direct Buy on the Kinsolvings' account toward the purchase of their updated kitchen, according to the suit.

The couple claims the checks totaled at least $26,523.23 and that they eventually discovered Dye had never deposited the checks with Direct Buy.

In April 2010, the Kinsolvings met with Parker to complain about Dye.

"Mr. Parker did not disclose at that time that Mr. Dye did not work for Direct Buy, nor that any of Mr. Dye's actions were not in the course and scope of Mr. Dye's employment with Direct Buy," the complaint states.

The Kinsolvings claim the defendants violated West Virginia Code and deceived them.

The Kinsolvings are seeking compensatory and punitive damages. They are being represented by Scott H. Kaminski.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 11-C-433




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